Strict liability
Strict liability is a legal doctrine that holds an individual or organisation responsible for damage caused whether they have intent or not. It forms part of the law of tort.
Tort is a collection of civil law remedies entitling a person to recover damages for loss and injury which has been caused by the actions, omissions or statements of another person in circumstances that the latter was in breach of a duty or obligation imposed by law.
In tort, rights and obligations are created by the courts applying common law, which has, on the basis of previous authority fallen into three distinct categories:
Under strict liability, the plaintiff is under no obligation to prove fault, negligence or intention on the part of the defendant, only that there has been damage and/or loss caused to them and the defendant was responsible for it either by their acts or omissions.
Strict liability has, for example, been applied by common law in situations where there is a potentially dangerous and non-natural object or operation on an owner’s land. It has been held that the ordinary law of negligence may not afford proper protection under these circumstances, and so, the law has created a liability that is 'strict', where a duty of care is not necessary. The intention of this is to dissuade recklessness and unnecessary loss by encouraging defendants to take all precautions possible.
The case of Rylands v Fletcher [1868] first formulated strict liability. It involved a defendant who had built a reservoir on his land. When the reservoir was filled, the water flooded the plaintiff’s neighbouring coal mines. Despite the defendant not being at fault, he was held liable.
Strict liability has also been attributed to:
- Some aspects of consumer law.
- Contracts and appointment agreements, where the requirement for 'reasonable skill and care' has not been applied throughout.
- Injuries in the workplace (removed in 2013).
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
ECA Industry Awards 2024 shortlist revealed
22 leading businesses from across the electrotechnical and engineering services sector.
Government unveils Skills England strategy
Skills England to transform opportunities and drive growth.
New Government Hub for York Given Planning Green Light
For up to 2,600 civil servants, due for completion by 2028.
Construction Skills Certification Scheme cards
July update on Professionally Qualified and Academically Qualified Person Cards.
BSRIA Briefing 2024, November 22
Sustainable Futures: Redefining Retrofit for Net Zero Living.
The CLC on driving competency in the retrofit sector
Previously published roadmap on skills for net zero.
The first labour government King's speech in fifteen years
Construction industry reactions, support and some concern.
CIOB Retrofit of Buildings Technical Information Sheet
What retrofit is, the approach to be taken and processes to be followed.
Adapting Historic Buildings for Energy and Carbon Efficiency
Historic England advice note 18, free download published.
10 retrofit projects revisited 10 years after completion.
Information orders, building liability orders and SPVs
Key BSA terms and how they impact special purpose vehicles.
Listed despite problems with its design.
Zen and the art of cycling exploration.
Design Council Homes Taskforce launched
To support government 1.5 million homes target within UK climate commitments.